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Published: 06/03/2016
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Maternity leave is an important period for a woman, because she needs to have time to prepare for childbirth and stock up on everything necessary for the baby.
To plan work matters and prepare for their transfer to another employee, you need to calculate when maternity leave begins. This can be done either manually or using an online calculator .
- Legislation on maternity leave
- How is maternity leave determined?
- Self-calculation
- Online calculators
Legislation on maternity leave
In common parlance, maternity leave is called leave associated with childbirth. In Article 255 of the Labor Code it is called maternity leave. The basis for leave is sick leave issued by the antenatal clinic.
The Labor Code legislates exactly when an employee can go on maternity leave:
- 70 days before birth (at 30 weeks);
- in 84 days - if there is more than one child (at 28 weeks);
- in 90 days - if the woman’s place of residence is located in an area contaminated with radiation (at 27 weeks).
The general period of maternity leave has also been established:
- 140 days for a normal pregnancy;
- 194 days for the birth of several babies;
- 156 days for complicated childbirth;
- 160 days for a woman in labor living in a radiation-contaminated area.
At the same time, Article 255 of the Labor Code establishes that the vacation period is cumulative, and the vacation used before childbirth does not affect its duration.
For example:
Before giving birth (in a normal pregnancy), the woman was on maternity leave for 60 days, not 70. This means that after the birth of the baby, her leave will last not 70 days, but 80, due to the unused days before the birth.
Calculation of payments when going on maternity leave
After the birth of a child, a lump sum payment is made from social insurance funds. Mom, having provided the necessary package of documents, receives an amount of 11 thousand rubles.
If it is inconvenient for her to collect documents or there are other reasons why she cannot apply for money at her place of work, her dad can arrange the payment for himself. The amount depends on the average salary.
Half - 70 days - the time before the birth of the baby, 70 days - after. If a girl, when she goes on maternity leave, is officially employed by several employers for more than 2 years, then everyone pays. True, she will receive benefits for up to 1.5 years only in 1 place, which one is decided independently.
When the total length of service is no more than 6 months, payments are calculated based on 1 minimum wage. If according to one of the above schemes the payment does not exceed the minimum wage, then the amount that comes out when calculating according to the minimum wage is paid.
When an employee did not work full time, the minimum wage is reduced. For example, when working part-time, the minimum wage will be reduced by 2 times
.
Female students have their own conditions. They provide the educational institution with a sick leave certificate when going on maternity leave. What type of professional education they receive: higher, secondary, primary – it doesn’t matter.
The main thing is that the form of education is full-time. The amount is determined by the amount of the scholarship paid to students of the educational institution. Unemployed people are entitled to their benefits.
Firstly, this is a regular unemployment benefit, which is issued after registration with the local central bank. Secondly, these are payments to RUSZN.
How is maternity leave determined?
Sick leave may not be received on time, but later, but the start of maternity leave will be listed as such - 70, 84 or 90 days before the expected birth. In this case, the certificate of incapacity for work is divided into two periods:
- prenatal;
- postpartum.
According to the Labor Code rules described above, maternity leave is calculated in total. If the pregnancy lasts longer or shorter than planned, or the birth is difficult, the postpartum period increases or decreases.
And the postpartum period begins from the first day of the baby’s life. But you shouldn’t close your sick leave immediately after being discharged from the maternity hospital; use your allotted maternity leave first, and then apply for maternity leave.
For example:
In a normal pregnancy, sick leave is issued for 70 days. The baby was born 10 days later than planned. This means that postpartum leave will last 60 days (70-10), and the sick leave will close, as it should be - 140 days after it is issued.
Legislative standards for maternity leave in Russia 2021
Legislatively, the decree is regulated by the following articles of the Labor Code of the Russian Federation:
- 255th: “Maternity leave”
- 256th: “Parental leave”
- 257th: “Leaves for employees who have adopted a child”
Subsequent articles up to and including 261 separately describe the legal obligations of the employee and the employer in the event of the need for feeding, the procedure for assigning overtime work, business trips, etc.
Only an expectant mother who is officially employed can claim compliance with the law on maternity leave!
The required payments are calculated based on the Federal Law “On State Benefits for Citizens with Children.”
Self-calculation
To determine the date of maternity leave, you need to know the estimated date of conception. The date can be determined:
- obstetric method (the first day of the last menstruation);
- gestational method (the age of the fetus is determined by ultrasound results);
- a woman can know exactly the day of conception;
- IVF date is the date of conception.
The date of conception and the expected date of birth are determined by the local doctor, taking into account the opinion and information from the pregnant woman. When the expected date is determined, we count 30, 28 or 27 weeks from it and get the day of maternity leave. For clarity, here are a few examples.
- The estimated date of conception is April 1. The pregnancy is proceeding normally, there is only one fetus. We count 30 weeks from April 1 and get the start of maternity leave on October 14.
- Same estimated date of conception (April 1). A pregnant woman is expecting twins. We need to count 28 weeks from April 1 and we get the start of the vacation - September 30.
There is a shortage in the store, what should the seller do - read here! How long do you need to work at work to get maternity leave? Follow the link for the information you need. The correct calculation of your sick leave is in our material.
When does maternity leave begin?
Maternity leave is the period of being on sick leave for pregnancy and childbirth and on parental leave.
The duration of maternity leave with a child is limited to when the child is three years old, and this type of leave is provided immediately after sick leave according to the BiR. If a woman is not working and did not apply for this maternity leave, then directly from her birthday.
Can a non-working woman go on holiday under the BiR?
The duration of leave is established by Article 255 of the Labor Code of the Russian Federation, which states that this type of maternity leave begins:
- 70 days before birth - in general;
- 84 days before birth - in case of multiple pregnancy.
Is it possible to go on maternity leave later?
To determine at what time a woman needs to prepare for rest, she needs to know her due date. This is the estimated day, which is set by the gynecologist, called the PDR. The number of days required is counted from this date.
The total period of pregnancy from the moment of conception to the date of pregnancy is 40 weeks.
How many weeks can a pregnant employee go on maternity leave?
- for a singleton pregnancy - at 30 weeks (7 months);
- for multiple births - at 28 weeks (6 months).
Pregnant women with two or more children have the right to go on maternity leave at an earlier date (14 days earlier), this time is given to prepare for the birth process.
Accordingly, for this category the benefit amount will also be higher, since the total period of sick leave is 194 days, and not 140 as in the general case.
How to calculate the release date?
To calculate the date of maternity leave, you need to know the expected day of birth and have a calendar at hand.
If a pregnant woman is expecting one child, then 70 calendar days must be counted from the PDR, the resulting day will be the start date of the leave according to the BiR, from this day a sick leave certificate is issued. This moment occurs at the 30th week of pregnancy.
If a pregnant woman is expecting two or more children, then 84 days need to be counted from the PDR, this moment will correspond to the 28th week. In this case, the woman is given 14 calendar days more to prepare for childbirth.
Below, an example is given for explanations, and a calculator for independently calculating the date of maternity leave is also provided.
If a woman does not know the PPD, then you can roughly calculate when to go on vacation, knowing the current stage of pregnancy.
It is known that at the 30th week of pregnancy, sick leave according to BiR begins. If a woman is currently 4 weeks pregnant, then to determine the day of departure, she needs to add another 26 to the current date, which will result in the approximate start time of maternity leave.
Before leaving, a woman must write an application for maternity leave and provide a certificate of incapacity for work. The employer issues an order and pays maternity benefits.
The procedure for registering leave under the BiR.
Examples of day of care calculations
Example 1 - only the current gestational age is known
Initial data:
On May 29, 2021, a woman is informed at the antenatal clinic that she is 5 weeks pregnant. A pregnant woman wants to know when her maternity leave will begin. At the same time, she does not know exactly the traffic rules.
Solution:
If the pregnancy is singleton, then at 30 weeks you can go on maternity leave. If a woman is currently 5 weeks pregnant, she needs to work another 25 full weeks.
If we add this date to 05/29/2019 according to the calendar, we get the approximate day of maternity leave - November 20, 2019.
Example 2 - if the PDR is known
Initial data:
On May 29, 2021, the woman learns about the duration of her pregnancy; the doctor sets the expected date of birth based on ultrasound results - February 10, 2021. It is necessary to calculate when to go on maternity leave.
Solution:
From 02/10/2020 you need to subtract 70 days, the resulting date will be the start day of sick leave according to BiR. You can count the days using the calendar or the calculator below.
As a result of the calculation, we get - 12/02/2019.
Types of child benefits
Child care allowance up to 1.5 years old
Cash is awarded to citizens raising a child under 1.5 years of age. If the mother and father are not involved in raising children for certain reasons, such support is assigned to a guardian. Employed citizens write an application to the personnel department of their enterprise.
Unemployed citizens apply to OSZN at their place of registration. The amount of funds paid monthly is individual and equals 40%
from average earnings for the previous 24 months.
Minimum size = 4465.20 rub. The amount is also affected by the availability of sick leave and time off during this period. If the citizen was not on sick leave during this time, the amount of the monthly benefit will be higher. For non-working citizens, minimum payment amounts are established; they are indexed every year.
Compensatory cash payment for children under three years of age
Such compensation is issued at the enterprise where the employee is registered, or at the social welfare department or MFC for other categories of citizens.
It is worth noting that a mother employed by an individual entrepreneur cannot count on this payment; it is paid only when employed by a legal entity. The compensation amount is 50 rubles multiplied by the regional coefficient per month.
Child benefit under 16 years of age
Payments continue for another two years until the child reaches adulthood if the child is studying or visiting a day hospital. This financial assistance is issued at the social security office at the place of registration. Families with an income below the subsistence level can apply for financial assistance
for each family member, as well as other categories of families.
It is worth noting that one family can apply for several types of support measures, or even receive all payments at the same time, if it is eligible.
How are the dates of maternity leave arranged?
In accordance with Art. 255 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ and section 8 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624-n, maternity leave (maternity leave) is issued with sick leave (certificate of incapacity for work). The sick leave certificate is issued by the gynecologist with whom the woman is registered, and in the absence of one, by the family doctor. If there is no family doctor (general practitioner), then sick leave for pregnancy and childbirth is issued by a paramedic.
You can fill out an application for maternity leave at the beginning of the article.
A single sick leave is issued - immediately for the entire period of maternity leave, that is, nothing needs to be completed after childbirth. At what week of pregnancy do they go on maternity leave, says the doctor. It is important to immediately decide with your doctor what time frame you will operate. Obstetric, which is most often used by doctors in consultation, or gestational, which is used by ultrasound doctors. The gestational period is 2 weeks less than the obstetric period, so it is disadvantageous for those who feel unwell and want to start resting faster. And vice versa, it is convenient for those women who feel the strength and desire to work longer.
Doctors calculate the length of pregnancy in weeks, and therefore what time they go on maternity leave, from the day the patient registered for pregnancy. If registration occurred, for example, on Tuesday, then maternity leave will begin on Tuesday. Knowing this, you can predict what time you will go on maternity leave and adjust this moment to your needs.
Having received a sick leave certificate, the woman, in accordance with Art. 255 of the Labor Code, provides it to work, writes a leave application, and with full right can go on maternity leave.
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There are minimum and maximum maternity benefits.
Sick leave after maternity leave
An employee who suffered from illnesses requiring treatment during maternity leave needs compensation outside of maternity benefits.
During the early stages of motherhood, a woman is completely deprived of the ability to independently provide for herself and is considered incapacitated in the eyes of the law.
Sick leave is paid based on the employee's insurance record as a percentage. For women who have worked for more than 8 years, payment is made at 100% of wages. With less length of service, the percentage of the salary that will be paid for sick leave falls. For women with less than six months of insurance coverage, sick leave will be paid in accordance with the current minimum wage.
If a woman is not satisfied with the salary for the past year, or it is less than in previous years, then the employee has the right to write a statement to management with a request to calculate sick leave pay based on the salary for selected periods of time.
Sick leave after maternity leave is calculated according to the general formula, as for other employees recognized as temporarily disabled or on maternity leave.
